EAJA Fee Award

October 24, 2016

Following a successful breach-of-contract lawsuit in the U.S. Court of Federal Claims, the Court awarded SUFI Network Services, a small telecommunications company, full market-rate attorneys’ fees under the Equal Access to Justice Act (EAJA). Finding that the case presents extraordinary circumstances, the Court allowed SUFI to recover far more than the usual $125-per-hour attorneys’ fee rate (adjusted for cost-of-living increases) normally allowed under EAJA.

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It’s All Over Now

October 21, 2016

In 2012, the Surface Transportation Board issued a notice of interim trail use under Section 208 of the National Trails System Act Amendments of 1983, authorizing the creation of a permanent recreational trail on land previously subject to a rail easement held by the Mississippi and Skuna Valley Railroad, LLC.  The landowners filed a taking suit in the U.S. Court of Federal Claims, alleging that issuance of the notice of interim trail use destroyed their exclusive right to the use of their property, free of any easement.  The Court certified a class of all similarly situated landowners.

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Ain’t No Friend of Mine

October 20, 2016

The U.S. Court of Federal Claims recently refused to accept an amicus curiae brief that exceeded the allowable page limit and asserted a legal theory not put forward by the Plaintiff in Land of Lincoln Insurance Company v. United States. The brief was offered by two health care companies that are plaintiffs in a similar case (one of eight cases) pending in the Court under the Affordable Care Act. All of the eight cases involve challenges to the three-year premium stabilization program relating to “risk corridors” under which qualifying health plans pay money to or receive money from the Department of Health and Human Services based on the ratio of their premiums to claim costs.

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The Power of Persuasion

June 10, 2016

The Dellew Corporation filed a postaward bid protest challenging the U.S. Army’s award of a Hawaii barracks contract to Tech System, Inc., and, based on the Court’s comments during the hearing, the Army decided to take corrective action.  The Army then moved to dismiss Dellew’s suit as moot.  After dismissal, Dellew sought attorneys’ fees under the Equal Access to Justice Act.

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It Pays to Know the Rules

May 17, 2016

In 2014, Antonio Johnson filed a claim in the U.S. Court of Federal Claims, seeking recovery of military disability retirement benefits.  Johnson and the United States cross-moved for judgment on the administrative record, and ultimately the Court ruled for the Government, dismissing Johnson’s lawsuit with prejudice.  Final judgment was entered on March 10, 2016.

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Battle Over Combat Pay

May 16, 2016

Major Alan B. Adams served as an officer in the United States Air Force from May 31, 1995 until his honorable discharge at his own request on July 1, 2006.  His record of performance “from the start reflects nothing less than a stellar Air Force officer and KC-135 pilot destined for a bright career. . . .” But Major Adam’s career was cut short because of continuing effects of an accident that occurred in 1997, when he was struck by a car while riding his bicycle.  Despite his pain, he performed as a pilot and received medical waivers from his flight surgeon, although he required medication and frequent physical therapy to treat low back and neck pain.

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